Fathers’ Rights Attorneys in Phoenix

Defending the Father’s Rights in Complex Family Law Matters

Child custody cases are among the most hotly contested legal matters argued in family law courts. While the best interests of a child’s life must be the primary focus of any judge in a child custody case, both parents have the legal right to defend their custody rights in courtroom hearings. Many dads express concern that they are not given proper consideration when it comes to being a part of their children’s lives. For this reason, it is recommended that fathers work with divorce lawyers in Arizona who are experienced in handling father’s rights cases.

Arizona child custody includes two important components worth consideration: legal decision-making authority (also known as legal custody) and parenting time (also known as physical custody). In certain situations, one parent may be granted sole custody or sole legal decision-making authority. In such situations, the other parent may be restricted to supervised custody (also known as supervised visitation rights).

Both divorced parents have the parental rights to seek court orders for legal and physical custody. Just because you’re a dad doesn’t mean you should feel that you’re at a disadvantage. However, it is important to retain the legal representation of an experienced attorney to handle your family law issues.

Are Mothers Favored in Child Custody and Child Support Cases Under Arizona Law?

Many fathers are under the impression that mothers are favored by the law in child custody and child support cases in Arizona. This is not the case. Under Arizona law, both parents are to be treated equally in child custody matters, regardless of their gender or the gender of their children. Instead of favoring mothers over fathers, Arizona courts now follow the standard of looking out for the best interests of the child when considering parental rights like sole custody, parenting time, and legal decision-making authority.

To protect your custody rights, you must offer evidence to support your child custody case. AZ lawyers can help assist you in presenting the most convincing case to you as much parenting time as possible and, potentially, sole custody if the situation calls for it.

The court will consider the arguments made by Arizona fathers in child custody cases, but they must always put the child’s well-being first and foremost. Sometimes this results in the other parent getting primary custody instead of the child’s father. Despite this unfortunate outcome, it is important to remember that state laws do not favor women over men by default.

Recent trends show an improvement in dads desiring and obtaining a significant amount of parenting time in Arizona parenting plans. Contact an Arizona father’s rights lawyer at our Phoenix law office to schedule a consultation to discuss your case today.

What Are a Father’s Rights When Seeking Child Custody in Arizona?

Many child custody matters are resolved by granting both parents joint legal decision-making and parenting time. Additionally, it is worth noting that fathers are now granted sole legal decision-making authority and substantially more parenting time than in years past. To protect his rights, a father should exercise his constitutionally protected rights to be a part of the lives of his children.

Fathers can seek as much parenting time as they wish, including potentially seeking sole custody. Parenting time allows fathers to remain part of their children’s lives and maintain continuing contact with them thanks to a thorough parenting plan.

Fathers who fear for their children’s lives because of a mother’s history of child neglect, drug use, alcoholism, or abuse may also seek to limit the mother’s custody and visitation rights in defense of the physical health and mental well-being of their children. Family law courts take domestic violence charges very seriously and will spend the necessary resources to investigate all claims.

Legal decision-making, sometimes referred to as legal custody, refers to a parent’s ability to make major decisions regarding his or her child’s life. These decisions may impact the child’s health care, education, religious upbringing, and social activities. Similar to parenting time, it is possible to seek a court order for sole legal decision-making authority.

When considering these child custody matters, family law judges will review various factors relevant to each case.

These include:

• Any evidence of child abuse, domestic violence, child neglect, or reliance on substance abuse.
• Evidence of parental alienation.
• Evidence that suggests a parent has intentionally made divorce litigation more expensive for the other party.
• The emotional bond between the child and each parent.
• The financial ability of both parents to play a positive role in their child’s life.
• The mental and physical ability of both parents to assist the child with school, home, and social life.
• The refusal of a parent to share legal decision-making authority with the other parent.
• The special needs of the child and which parent is most well suited to care for them.
• The willingness of either parent to allow their child to have a positive relationship with the other parent.

What Challenges Do Fathers Face in Child Custody Disputes?

While Arizona state law dictates that both mothers and fathers should be treated equally in custody matters, not all family law judges are as impartial to fathers as perhaps they should be. In addition, sometimes, moms fail to respect the rights of fathers. As a result, fathers face many challenges in child custody cases.

Unlike the mother, sometimes the father must establish paternity to secure his parental rights. In some cases, the mother of the child may resist these efforts to establish paternity, actively denying the father’s legal rights.

Not all mothers care to allow the child’s father to play an important role in the life and upbringing of their children. Sometimes, even court orders do not deter a child’s mother from disallowing fathers an equal part in a child’s life. In such cases, fathers need to hire Arizona father’s rights lawyers to defend their parental rights. This may result in contempt of court proceedings against the mother.

It is also fairly common for parents to falsely accuse one another of heinous acts during divorce and child custody proceedings. If you have been falsely accused of child abuse, abandonment, domestic violence, or some other type of wrongdoing that supposedly renders you unfit to be a parent, you must consult with a family law firm experienced in fighting back against such claims.

What Can a Father Do if the Mother Won’t Let Him See His Child?

In some family law cases, one parent or the other may violate court orders and not allow the other parent to have anything to do with their child’s life. This can be met with harsh consequences for the offender. So long as a parent has custodial rights, they should be allowed to spend time with their child or otherwise have some say in the legal decision-making for that child’s life.

There may be civil, criminal, and other potential consequences for withholding a child from the other custodial parent. If the other parent has the right to see, reside with, or make important decisions in the child’s life, you cannot deny them these rights without court orders. Offenders could be arrested and charged with misdemeanor crimes.

There are also several cases in which one parent tries to alienate their child from the other parent. Alienation of children involves the manipulation of a child into disliking or not wanting to spend time with the other parent. In extreme cases, a family law court may alter legal decision-making or reduce one parent’s parenting time if they believe that the parent has purposely alienated a child from the other parent.

Do You Have to Pay Child Support if You Have Equal Parenting Time?

When people think of child support, they typically imagine situations where the non-custodial parent must pay child support obligations to the custodial parent. But what happens when the parents share 50/50 joint custody?

Parents may still be required to pay child support payments even when they have a shared parenting plan, alternate weeks equally, or another shared custody agreement. The parent who makes more money is sometimes responsible for providing child support.

In situations of equal custody where both parents make a similar amount in terms of income, family courts may not order child support payments. However, child support will also divide other expenses for the child such as insurance and childcare costs. Many times, there is a child support order even when there is equal parenting time.

To learn more, please contact a child custody attorney at our law firm today.

When is Paternity Assumed in Arizona?

Fathers face several challenges in Arizona child custody matters. In some cases, they may be required to prove that they are the legal parent of a child.

Under Arizona law, a father who was married to the child’s mother within ten months before the child was born is automatically presumed to be the father of the child. Additionally, if a DNA test is performed and the results establish a 95% or higher chance that the man is the father of the child, paternity will be presumed.

The purported father may also be presumed to be the child’s father if he has signed the child’s birth certificate.

If it is impossible to establish paternity, the father may not be responsible for child support. However, this also means that the man will not be guaranteed any right to visit the child or share custody.

What Are the Legal Rights of an Unmarried Father?

In Arizona, an unmarried man who has not established paternity has no automatic legal right as a father. In fact, in some cases, a mother can put their child up for adoption without the consent of the supposed father.

Even a father who has established paternity but not secured custody rights shall have very limited rights to be a part of the child’s life. Once you establish paternity, fathers have the legal right to pursue custody and legal decision-making authority. Once these rights are established by court orders, the father should have equal rights in all aspects of parenting plans. That is why it is so important to establish paternity with the help of an experienced lawyer at your side.

Schedule Your Initial Consultation with Experienced Father’s Rights Lawyers in Phoenix, AZ

Through negotiations and mediation, it may be possible to resolve complex child custody disputes with the mother of your child. However, it is not uncommon for a father’s rights to be disrespected, which is why it is vitally important to retain professional legal counsel experienced in handling complicated child custody matters.

Arizona Family Law Attorneys has extensive experience representing fathers in complex legal matters concerning child custody, child support, and establishing paternity. To learn more about our legal services, please contact our Phoenix law offices to schedule your initial consultation today. You may reach us at 480-448-0608.